DMCA/저작권 | 게시 중단 정책

Xgroovy.com (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). So, it is entitled to certain protections from copyright infringement claims under the DMCA, often referred to as the “safe harbor” provisions. Respecting intellectual property of others, we demand our users to do the same. We comply with the DMCA, and have developed the following Notice and Takedown Policy relating to claims of copyright infringement by our users.

FILING A NOTICE OF COPYRIGHT INFRINGEMENT (DMCA NOCI)

If you have concerns about your work has been copied, duplicated, or displayed on Xgroovy.com in a way that qualifies as copyright infringement, you need to provide Our Designated Copyright Agent with the following information:

1. A signature (electronic or physical) of the person who authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. Description of the copyrighted work or other intellectual property that you claim has been infringed;
3. Description of where the content that you claim is infringing is located on the SITE (URL(s) associated with the material);
4. Information by which we can contact you (postal address, telephone number, e-mail address);
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Copyright Infringement Notice is true and accurate, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your DMCA NOCI to:

Copyright Agent at InCorporate Now Inc
512 Lucerne Ave
Lake Worth, FL 33460
United States
Fax: (800) 371-0235
E-mail: dmca@xgroovy.com

Please do not send other inquires or information not regarding Copyright Claims to our Designated Agent.

Abuse Notification:

Abusing DMCA Notice of Copyright Infringement procedures described above, or misrepresenting information in a DMCA Notice or Counter-notification, may result in suspension of your account, legal liability for damages, attorneys fees and court costs under federal law (17 U.S.C. § 512(f)). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents. We act against abusing the DMCA notification or counter notification procedure. Please ensure that you meet all qualifications before filing a Notice to our Designated Agent.

DMCA TAKE DOWN PRODECURE

The SITE implements the following “notice and take down” procedure after receiving a notification of claimed copyright infringement (NOCI) of any kind. The SITE has the right at any moment to disable access to, or remove any material or activity accessible on or from any SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. Accounts of repeat copyright infringers will be terminated according to the firm policy of the SITE. The SITE will cease access to all material that infringes copyrights, according to the procedure set forth in 17 U.S.C. §512 of DMCA. The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may send a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE has the right to change, alter, modify, or add to this policy, and all users must check these Terms and Conditions from time to time to stay current on any of such changes.

DMCA COUNTER-NOTICE PROCEDURE

If the Recipient of an Infringement Notice ("Notice") believes that the Notice is false, and/or that allegedly infringing material has been removed wrongly according with the procedures mentioned above, the Recipient is allowed to submit a DMCA counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the procedure for the Recipient to question the removal or disabling of material. The information provided by a Recipient in a counter-notification must be true and accurate. The Recipient will be liable for any misrepresentations and distortion of facts which may cause any claims to be brought against the SITE relating to the actions taken in response to the counter-notification.

Recipient must provide the following information to Our Designated agent to submit a counter-notification:

1. Description of the material that was removed or disabled;
2. Description of material’s location within the SITE or the Content before it was removed and/or disabled (including URL(s) associated with the material if possible);
3. Information by which We can contact to the Recipient (postal address, telephone number, e-mail address);
4. A statement that the Recipient consents to the jurisdiction of the U.S. Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.
5. A statement reflecting the Recipient's belief that the removal or disabling of the material was done by mistake or misidentification. The following may be used for convenience:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

You may send you singed counter-notification claim to:

Copyright Agent at InCorporate Now Inc
512 Lucerne Ave
Lake Worth, FL 33460
United States
Fax: (800) 371-0235
E-mail: dmca@xgroovy.com

Do not send any other requests or information not regarding Counter-Notification issues to Our Designated Agent.

Our Designated Copyright Agent will forward DMCA counter-notification to Us. We will then provide the counter-notice to the claimant who first sent the original Notice.

Within the period of ten to fourteen (10-14) days of Our receipt of a counter-notice, We will replace or cease disabling access to the disputed material on the condition that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the SITE’s system or network.

SERVICE PROVIDER CUSTOMER OR SUBSCRIBER

If the alleged infringer identified in an intended DMCA Notice operates as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests and insists and that such DMCA Notices regarding alleged infringement by third party users, customers or subscribers of such service providers must be submitted straight to the service provider’s Designated DMCA Agent instead of the SITE.

CHANGES AND MODIFICATIONS TO POLICY

The SITE has the right to change, modify, alter or add to this policy. All interested parties need to check it from time to time to stay current on any of such changes.

CUSTOMER SERVICE REQUESTS

Our Designated DMCA Agent is an attorney with a private law firm and not associated with the Site, so there will be no response to customer service requests like payment issues, requests for membership cancellation, etc. Customer related issues must be forwarded to the Site's customer service department.